Illegal presence or Misrepresentation???

[KevFabi 0]

Hello, I'm sure someone can help me on this forum...

I have been "voluntarily withdraw my application of admission" by last april, because I have overstayed more then one year last time, so we apply for I-130, I-129..just waiting for the approval...but I have been searching and I know I need a waiver for this overstayed days. So I start to make my Hardship letter waiver...but I'm confuse about my case:

I don't know if it's misrepresentation or illegal presence???

...or maybe they are the same?? if not ...whats the difference???

Thanks !

[blueblue 0]

If you simply overstayed, it is unlawful presence. To commit misrepresentation, you would have to have intentionally lied or hid something material in order to get an immigration benefit, for example used a fake visa to enter. For overstay, there is a 3 or 10 year bar of inadmissibility. For misrep, the bar is permanent. Both can be overcome with a waiver for spouse of us citizen or LPR.

The embassy will tell you at your interview if and when they deny your visa the reason for the inadmissibility and whether you can file a waiver. Have the package ready at your interview to save time. You can get lots of help and see examples of approved and denied HSL on this site: www.immigrate2us.net.

Edited September 18, 2007 by blueblue

[KevFabi 0]

Tks...\just one more thing ...I enter more then one time, for the past 5 years, but everytime I enter they let me in...since I have B1/B2 visa ...and I used to work with import/export company I used to tell them that my trip was business...my question...Can they use this as a misrep??? cuz I lied ??? or not... ...sorry but i'm so lost right now...

If you simply overstayed, it is unlawful presence. To commit misrepresentation, you would have to have intentionally lied or hid something material in order to get an immigration benefit, for example used a fake visa to enter. For overstay, there is a 3 or 10 year bar of inadmissibility. For misrep, the bar is permanent. Both can be overcome with a waiver for spouse of us citizen or LPR.

The embassy will tell you at your interview if and when they deny your visa the reason for the inadmissibility and whether you can file a waiver. Have the package ready at your interview to save time. You can get lots of help and see examples of approved and denied HSL on this site: www.immigrate2us.net.

[blueblue 0]

Tks...\just one more thing ...I enter more then one time, for the past 5 years, but everytime I enter they let me in...since I have B1/B2 visa ...and I used to work with import/export company I used to tell them that my trip was business...my question...Can they use this as a misrep??? cuz I lied ??? or not... ...sorry but i'm so lost right now...

I am not sure exactly what you feel you may have lied about, I don't see misrep, but if you feel that is possible, I would have a consulation with an immigration attorney to get some guidance. Here is one I recommend and have used, she specializes in waivers. www.visacentral.net Laurel Scott She charges $100 I think for a consulation. She also has a 1 hour chat on Wednesdays at 11am CT that is free. Another one that people I know have used and recommed is Heather Poole http://www.humanrightsattorney.com/i...16DB301B0 B93. I believe her initial consultation is free.

One of the other attorneys on the boards has said when speaking with anyone in immigration you should only answer the question asked. For example, if you are asked 'Do you know what time it is?' The answer is yes or no. Don't jump ahead with some other information like saying 'it's 12:30.'

I think you will put your mind at ease if you have a consultation with a competent attorney who can listen to the whole story and give you guidance on what you might face. At the end of the day though, the I-601, if approved, will waive both misrep and overstay.

Edited September 18, 2007 by blueblue